2012 Sees NFA and CFTC Provide Enhanced Protections for Customer Funds Held at FCMs
In 2012, NFA and CFTC introduced a range of rules aimed at increasing protection of customer funds held at FCMs. These rules, some of which are final and some of which are proposed but appear well on their way to implementation, generally enhance transparency, cement requirements for FCMs maintenance of FCM 'residual interest' amounts in customer segregated accounts, tighten up the types of investments FCMs may make with customer segregated assets, and require DCOs to compute FCM margin requirements without allowing the FCM to net the FCM's different customers' positions against each other. The rules heighten transparency by requiring FCMs to report segregated asset and net capital numbers more frequently and in more detail and mandating that DSROs and CFTC receive 'view only' real-time access to FCMs segregated asset accounts. NFA's BASIC system now displays to the public for each FCM a net capital report that is updated monthly and...